STATE OF NEW YORK ________________________________________________________________________ 7901 IN SENATE January 3, 2024 ___________ Introduced by Sens. PARKER, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to issuance of driver's licenses and emergency medical personnel designation; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 502 of the vehicle and traffic 2 law is REPEALED and a new subdivision 1 is added to read as follows: 3 1. Application for license. Application for a driver's license shall 4 be made to the commissioner. The fee prescribed by law may be submitted 5 with such application. The applicant shall furnish such proof of identi- 6 ty, age, and fitness as may be required by the commissioner. Acceptable 7 proof of identity shall include, but not be limited to foreign passports 8 (visa stamps are not required), valid documentation issued by USCIS and 9 consular identification documents. Eligibility for a driver's license 10 shall not be conditioned on a particular immigration status. The commis- 11 sioner may also provide that the application procedure shall include the 12 taking of a photo image or images of the applicant in accordance with 13 rules and regulations prescribed by the commissioner. In addition, the 14 commissioner also shall require that the applicant provide his or her 15 social security number where such applicant is a legal immigrant, or 16 individual taxpayer identification number (ITIN) or a letter or form 17 from the United States social security administration that states that 18 the applicant is not eligible or submit a sworn statement under the 19 penalty of perjury, stating that the applicant does not have a social 20 security number or ITIN, and shall provide space on the application so 21 that the applicant may register in the New York state organ and tissue 22 donor registry under section forty-three hundred ten of the public 23 health law with the following stated on the application in clear and 24 conspicuous type: 25 "You must fill out the following section: Would you like to be added 26 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 27 tion'." EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11827-01-3
S. 7901 2 1 The commissioner of the department of health shall not maintain 2 records of any person who checks "skip this question". Failure to check 3 a box shall not impair the validity of an application, and failure to 4 check "yes" or checking "skip this question" shall not be construed to 5 imply a wish not to donate. In the case of an applicant under eighteen 6 years of age, checking "yes" shall not constitute consent to make an 7 anatomical gift or registration in the donate life registry. Where an 8 applicant has previously consented to make an anatomical gift or regis- 9 tered in the donate life registry, checking "skip this question" or 10 failing to check a box shall not impair that consent or registration. In 11 addition, the commissioner also shall require that space shall be 12 provided on the application so that the applicant may request a notation 13 upon such license that he or she is a veteran of the United States armed 14 forces and space so that the applicant may request a notation upon such 15 license that he or she is an emergency medical personnel. In addition, 16 an applicant for a commercial driver's license who will operate a 17 commercial motor vehicle in interstate commerce shall certify that such 18 applicant meets the requirements to operate a commercial motor vehicle, 19 as set forth in public law 99-570, title XII, and title 49 of the code 20 of federal regulations, and all regulations promulgated by the United 21 States secretary of transportation under the hazardous materials trans- 22 portation act. In addition, an applicant for a commercial driver's 23 license shall submit a medical certificate at such intervals as required 24 by the federal motor carrier safety improvement act of 1999 and Part 25 383.71(h) of title 49 of the code of federal regulations relating to 26 medical certification and in a manner prescribed by the commissioner. 27 For purposes of this section and sections five hundred three, five 28 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 29 certificate" and "medical certification" shall mean a form substantially 30 in compliance with the form set forth in Part 391.43(h) of title 49 of 31 the code of federal regulations. Upon a determination that the holder of 32 a commercial driver's license has made any false statement, with respect 33 to the application for such license, the commissioner shall revoke such 34 license. 35 § 2. Subdivision 1 of section 502 of the vehicle and traffic law, as 36 added by section one of this act, is amended to read as follows: 37 1. Application for license. Application for a driver's license shall 38 be made to the commissioner. The fee prescribed by law may be submitted 39 with such application. The applicant shall furnish such proof of identi- 40 ty, age, and fitness as may be required by the commissioner. Acceptable 41 proof of identity shall include, but not be limited to foreign passports 42 (visa stamps are not required), valid documentation issued by USCIS and 43 consular identification documents. Eligibility for a driver's license 44 shall not be conditioned on a particular immigration status. The 45 commissioner may also provide that the application procedure shall 46 include the taking of a photo image or images of the applicant in 47 accordance with rules and regulations prescribed by the commissioner. In 48 addition, the commissioner also shall require that the applicant provide 49 his or her social security number where such applicant is a legal immi- 50 grant, or individual taxpayer identification number (ITIN) or a letter 51 or form from the United States social security administration that 52 states that the applicant is not eligible or submit a sworn statement 53 under the penalty of perjury, stating that the applicant does not have a 54 social security number of ITIN, and [shall] provide space on the appli- 55 cation so that the applicant may register in the New York state organ 56 and tissue donor registry under section forty-three hundred ten of the
S. 7901 3 1 public health law [with the following stated on the application in clear 2 and conspicuous type: 3 "You must fill out the following section: Would you like to be added 4 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 5 tion'." 6 The commissioner of the department of health shall not maintain 7 records of any person who checks "skip this question". Failure to check 8 a box shall not impair the validity of an application, and failure to 9 check "yes" or checking "skip this question" shall not be construed to 10 imply a wish not to donate. In the case of an applicant under eighteen 11 years of age, checking "yes" shall not constitute consent to make an 12 anatomical gift or registration in the donate life registry. When an 13 applicant has previously consented to make an anatomical gift or regis- 14 tered in the donate life registry, checking "skip this question" or 15 failing to check a box shall not impair that consent or registration]. 16 In addition, the commissioner also shall require that space shall be 17 provided on the application so that the applicant may request a notation 18 upon such license that he or she is a veteran of the United States armed 19 forces and space so that the applicant may request a notation upon such 20 license that he or she is an emergency medical personnel. In addition, 21 an applicant for a commercial driver's license who will operate a 22 commercial motor vehicle in interstate commerce shall certify that such 23 applicant meets the requirements to operate a commercial motor vehicle, 24 as set forth in public law 99-570, title XII, and title 49 of the code 25 of federal regulations, and all regulations promulgated by the United 26 States secretary of transportation under the hazardous materials trans- 27 portation act. In addition, an applicant for a commercial driver's 28 license shall submit a medical certificate at such intervals as required 29 by the federal motor carrier safety improvement act of 1999 and Part 30 383.71(h) of title 49 of the code of federal regulations relating to 31 medical certification and in a manner prescribed by the commissioner. 32 For purposes of this section and sections five hundred three, five 33 hundred ten-a, and five hundred ten-aa of this title, the terms "medical 34 certificate" and "medical certification" shall mean a form substantially 35 in compliance with the form set forth in Part 391.43(h) of title 49 of 36 the code of federal regulations. Upon a determination that the holder of 37 a commercial driver's license has made any false statement, with respect 38 to the application for such license, the commissioner shall revoke such 39 license. 40 § 3. Paragraph (a) of subdivision 6 of section 502 of the vehicle and 41 traffic law, as amended by chapter 37 of the laws of 2019, is amended to 42 read as follows: 43 (a) A license issued pursuant to subdivision five of this section 44 shall be valid until the expiration date contained thereon, unless such 45 license is suspended, revoked or cancelled. Such license may be renewed 46 by submission of an application for renewal, the fee prescribed by law, 47 proofs of prior licensing, fitness and acceptable vision prescribed by 48 the commissioner, the applicant's social security number or, in lieu 49 thereof, with respect to an application for a non-commercial driver's 50 license or learner's permit which does not meet federal standards for 51 identification, an affidavit signed by such applicant that they have not 52 been issued a social security number, or individual taxpayer identifica- 53 tion number (ITIN) or a letter or form from the United States social 54 security administration that states that the applicant is not eligible 55 or submit a sworn statement under the penalty of perjury, stating that 56 the applicant does not have a social security number or ITIN, and if
S. 7901 4 1 required by the commissioner, a photo image of the applicant in such 2 numbers and form as the commissioner shall prescribe. In addition, an 3 applicant for renewal of a license containing a hazardous material 4 endorsement shall pass an examination to retain such endorsement. The 5 commissioner shall, with respect to the renewal of a hazardous materials 6 endorsement, comply with the requirements imposed upon states by 7 sections 383.141 and 1572.13 of title 49 of the code of federal regu- 8 lations. A renewal of such license shall be issued by the commissioner 9 upon approval of such application, except that no such license shall be 10 issued if its issuance would be inconsistent with the provisions of 11 section five hundred sixteen of this title, and except that the commis- 12 sioner may refuse to renew such license if the applicant is the holder 13 of a currently valid or renewable license to drive issued by another 14 state or foreign country unless the applicant surrenders such license. 15 § 4. Subdivision 1 of section 504 of the vehicle and traffic law is 16 amended by adding a new paragraph (a-2) to read as follows: 17 (a-2) Every license or renewal thereof issued to an applicant who is 18 an emergency medical personnel, upon his or her request and submission 19 of proof as set forth herein, contain a distinguishing mark, in such 20 form as the commissioner shall determine, indicating that he or she is 21 an emergency medical personnel. Such proof shall consist of any proof 22 satisfactory to the commissioner. The commissioner shall not require 23 fees for the issuance of such licenses or renewals thereof to persons 24 requesting an emergency medical personnel notation which is different 25 from fees otherwise required. 26 § 5. This act shall take effect on the one hundred twentieth day after 27 it shall have become a law; provided, however, that section two of this 28 act shall take effect October 3, 2025.